By Bill Donahue (November 18, 2019, 6:35 PM EST) -- As states around the country have legalized cannabis, it has remained stubbornly difficult for marijuana companies to protect their trademarks.
The federal trademark statute, the Lanham Act, only allows the registration or protection of trademarks that are used on "lawful" products and services. That means companies that sell marijuana, which is still illegal on the federal level under the Controlled Substances Act, typically cannot avail themselves of the law's protections.
It's been a frustrating situation for years, but as the cannabis industry continues to grow — most states and the District of Columbia have legalized to some extent, and total sales...
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